Prabhat Srivastava vs Serious Fraud Investigation Office (SFIO)

Mukta Gupta, J

The petitioner has filed this petition seeking regular bail on medical grounds.

Vide order dated 12th March, 2020, this Court had directed Superintendent, Central Jail No. 7, Tihar to send the latest medical report of the

petitioner and listed the matter on 1st April, 2020. The matter could not be listed on 1st April, 2020 because of the Lockdown announced in the

country. On urgent mentioning, the bail application has been taken up for hearing through video conference.

Learned Senior Counsel for the petitioner submits that the petitioner is suffering not only from uncontrolled Diabetes and Hypertension but also a

Heart patient and suffering from Retinopathy. During the course of investigation as well, the petitioner was unwell number of times and had to be

taken to the hospital. After being sent to the judicial custody, the petitioner was granted interim bail as he was required to be administered injections in

both the eyes due to his ailment of severe Non-Proliferative Diabetic Retinopathy subject to clearance by Cardiologist. Since no Cardiology permission

was received, injections could not be administered. After the petitioner surrendered to custody, the petitioner was taken to Cardiology Department,

Safdarjung. However, the necessary tests could not be conducted and the petitioner was advised strict control of Diabetes, Blood Pressure and an

early date of C.T. Angiography. However, in view of the present prevailing circumstances, the petitioner was not given any date for treatment or C.T.

Angiography for the reason, only patients of Covid-19 were being seen. Learned Senior Counsel for the petitioner further contends that considering

the present situation and the petitioner is suffering from both uncontrolled Diabetes and uncontrolled Hypertension, he is a high risk patient and any

unfortunate situation in the jail may adversely affect him.

Learned counsel for the respondent-SFIO states that despite the petitioner having been granted bail for a period of one month by the learned Trial

Court and the petitioner having purchased the injections, the petitioner failed to get the same administered. The condition of the petitioner is presently

stable and he does not need hospitalization. Learned counsel for the respondent, on instructions from the Investigating Officer who is available through

Video Conferencing, states that even during the course of investigation, the petitioner was taken to the hospital for check up due to his uncontrolled

Diabetes and Hypertension but never admitted in the hospital.

Heard learned counsel for the parties.

Report from the Medical Officer Incharge, Central Jail No. 7 Dispensary, Tihar has been received, as per which, the petitioner is a known case of

Diabetes Mellitus with Hypertension with Coronary Artery Disease with Hypothyroidism with severe Non-Proliferative Diabetic Retonopathy and

history of PTCA done in 2017. The petitioner was directed to be taken to Safdarjung Hospital for C.T.Angiography and stress thallium scan on 13th

February, 2020 but the above investigation could not be conducted as he was under the follow up of Professor R.Verma and required C.T.

Angiography and stress thallium scan documents were not available. Review of the petitioner in Cardiology OPD at Safdarjung was again fixed for

24th February, 2020, however, on the said date, he could not be sent to the OPD due to the Court date. Petitioner was sent to Cardiology OPD on

26th February, 2020 when Professor R.Verma examined him and found his blood pressure and blood sugar on the higher side and advised strict

control of Diabetes and blood pressure and an early date for C.T. Angiography with direction to hospitalize the patient. On 27th February, 2020,

petitioner was admitted in medical room of Central Jail No. 07 Dispensary for sugar and blood pressure control and was administered medicines and

injectible insulin. The petitioner was thereafter sent to Cardiology OPD at Safdarjung on 9th March, 2020 and later planned for review at AIIMS RP

Centre on 18th March, 2020, however, the said schedule was cancelled due to Covid-19 pandemic advisory. Thereafter, the petitioner is being

managed at the jail dispensary medical room where he was admitted on 27th February, 2020 and was discharged on 23rd March, 2020.

Learned counsel for the respondent, on instructions from the Investigating Officer submits that the investigation in the offence is complete and a

complaint has already been filed, however, his apprehension is of tampering with the evidence.

The present bail application has been preferred by the petitioner for grant of bail on medical grounds. Considering the medical condition of the

petitioner and the present prevailing conditions where in case of emergency, the petitioner would not be in a position to be taken to any government

hospital for his regular treatment, this Court deems it fit to grant interim bail for a period of six weeks.

Consequently, the petitioner is directed to be released on bail for a period of six weeks on his furnishing a personal bond in the sum of Rs. 2 lakhs

with two sureties in the like amount subject to the satisfaction of the Duty Magistrate/Superintendent Jail.

Learned counsel for the petitioner states that the passport of the petitioner has already been handed over to the Investigating Officer which fact is

verified by the Investigating Officer.

Bail Appln. No. 418/2020 is disposed of.